2021-09-13 SDO Legal Representative IPR Discussion Meeting Notes

Date

13 Sep 2021

Not fully curated

Apologies

Input Material

• 3GPP liaison S5.214514 on Letter or Intent and IPR  posted at: 3GPP Liaison i/c 2021-09-08 Letter of Intent & IPR comments - AN-SDO Collaboration - TM Forum Confluence

Meeting Agenda

• Introduction
• Permission to record.

• IPR proposal for joint work items:
  • Overview
  • Proposal from TM Forum for discussion - will be provided later
  • Open discussion
• Next steps

Call for IPR Declaration – IPR Statements for Use in Meetings

Video Recording

Topic: Dave Milham's Personal Meeting Room IPR Legal Representative Discussion
Date: Sep 13, 2021 12:59 PM London

https://us02web.zoom.us/rec/share/YhnvGxHtreaDxq8B0fGSzkjVvI4meay795eHr_CBSOJgvV9tKG91DKPQdjj9wRPd.8lV5j4xJimuYldT2

Meeting notes

Located on-line at 2021-09-13 SDO Legal Representative IPR Discussion Meeting Notes - AN-SDO Collaboration - TM Forum Confluence  for thsoe whose have been added to access list.

• Introduction
  • All attendees welcomed to the call especially the legal representatives.
• Permission to record.
  • Requested and granted 
• IPR proposal for joint work items:
  • Overview

• • • Dave Milham gave an overview of the background:

• • • • Over the series of prior meetings we have been identifying what might be practical Autonomous Networks. work between participants. 
      • Conclusion has been we need an per deliverable contractual arrangement between participants in each deliverable so as to avoid having to create an omnibus  multi-SDO agreements which will take time.  This need to cover also participation agreement on input IP.
      •  Both work packages proposals  (WP02-Operational Use Cases and WP04-Common Operating Principles) are based on  analysis of existing standards and creation of recommendations ( non binding).  Moreover, are they are not intended to be standards and expectation is that each SDO would input work package deliverables into their own  governance and internal processes and each decide what they should do with the information.
      • Meetings  have identified two work packages of common  interest but not clear how to handle IPR and Copyright / licensing for these planned joint documents.
        I.e what to put on the jointly edited document copyright/licensing statement.

• • Proposal from TM Forum for discussion - 
    • Andrea de Vos TM Forum Legal  outlined the proposed approach which leverage the concepts used in the TMF IPR and licensing approach but adapted to the current MSDO  situation.
    • The key points are:
      • TMF role is to act in role of facilitator
      • Simple on off contract, unbranded, that can be used by the participating authors in each work package. Not TM Forum document. TM forum is  offering to draft. 
      • Replicates some of copyright structures based on TMF IPR policy concepts with language tweaked to meet the needs of this project initiative.
      • Create boundaries in contract to make sure no contribution of patentable material and some waiver on contributed material containing patentable material.
      • Work Package  particpants  would assign copyright to TM Forum and TM Forum would license back to particpants ( and others). to allow for example storage distribution publishing and derived works.
      • TM Forum would be a  sort of Hub and spoke. 
      • Efficient for us to use TMF Forum   our corporate language but not our IPR.
      • Need to keep short and simple.
      • Mostly concerned with copyright and license. 
      • No intend to put burden on contribution. 
      • Leaves room for major contributing participant to publish first under own branding.
      • Need to have right license scope and limitations. 
      • Interest to hear if that could generally work.
    • Questions 
      • Q: Ranganai Would help to understand how IPR framework could be exercised for second paper by IEEE 
        If IEEE want to publish on IEEE website  and IEEE documents before other would this be covered? 
        • A: Proposal duplicates legal language used in TM Forum but doesn't extend to branding of paper.
        • Just need have correct licensing in place and clarity on licensing terms.
        • If under IEEE  banner  first mention IEEE author. The  other way separate from copyright Licenses e.g could Handled with language in deliverable recognizing authors.
      •   Q:  Need to understand the process and mode of contribution into SDO  
        • A:Tmforum as a starting point   copyright ownership remains with individual authors in their capacity  role wrt to the SDO they represent TM Forum would license bask out to other participants to make derivative works. 
        • Goals are to avoid changing governance and processes in individual SDO 
    • Also we think 
      • the copyright license can be extended to others that were not authors/ participants  ( recommended facilitating maximum uptake.)
    • Admin Operational issues
      • Initial thinking is that signed up participates would be able to upload word versions to the working space rather than allow confluence on line editing as this will keep better track of contributions and avoid no participant material being included.
  • Open discussion
    • 3GPP provides a contribution S5.214514   with some recommendations
    • Summary 
      • Mainly focused on Letter of Intent
      • SA5 happy to continue to collaborate on Harmonized definitions.
      • should be each SDO decision on adopting the material.
      • SA5 does not know how to handle joint document.
      • Think and approach to prior TM Forum 3GPP similar to Fixed mobile collaboration might work ( see later for description).
      • Checked with MSCC leadership  for guidance.
      • Because 3GPP not a legal entity and  composed of organization Partners (OP)  thereis no one who can sign formal agreement.
      • constructive approach identified 
      • If there is a proposal for a agreement Linked to Letter of Intent or joint documents the process is:
        • SA5 needs to review and provide recommendation
        • SA5 cannot agree but recommendation comments have to go to  OP meeting ( legal  meeting only every six months)
        • Next one end of October week after next Sa5 
      • If we can send a proposal in response   the LS  S5.214514 before 11th October it can then be forwarded to OP meeting to look at 
    • This suggest we have a target to hit which will help drive us to a conclusion.
    • Dave summarized
      • Participant agreement to ensure inbound IPR is clean.
      • Proposals needs to be written and process needs  to be clear.
      • Will be more difficult if there are standard alone documents. 
      • Thomas reviewed the prior TMF 3GPP 5G mobile cooperation.
        • Worked on temporary docs as contributions to joint meetings. 
        • Temporary doc were created by member company  or a leader contribution as input for discussion 
        • Never published temporary documents  as approved or agreed. 
        • Informal gentleman's agreement was that when the temporary  documents were okay they took their own temporary  documents back to both SA5 and TM Forum. 
        • No formal publications other than those produced as 3GPP SA5 TM Forum publications
        • technical content aligned but not identical text 
        • Could be that for MSDO that  the  joint documents remain on workspace, and we could choose not to publish other than via SDOs.
        • Anything which is a contribution my have an IPR issue.
        • Assisted by having members working in both organizations.
    • Operation procedure mode of working
      • Seems we need some operational procedures in place we could indicate whether we openly publish 
      • Thomas noted for example if  joint work  compared  SDO definitions of say AN. then if  someone wanted to propose a comprise definition then you have created something new and may have an IPR issue. 
    • Timeline discussion
      • Ideal if TM Forum gets draft IPR /PA and Copyright and license  agreement out by 1st Oct with a view to getting into SA5'.s next meeting on 19th Oct.
      • Need an  operational practice agreement for MSDO  meeting on the 27th Sept 2021
    • Ranganai mentioned that objective of MSDO  proposal is about consuming joint paper work whereas prior work in Fix /Mobile was more about creating the standards. 

Benefit of MSDO proposal is that it captures the topics but does not require every SDO to participate in each deliverable. 

• Thomas agreed that having an operational guideline would be helpful but may still have IPR issues.
• Andrea  Any content needs to make sure what is in the text is licensed with correct attribute and reference.  the turn-around license  is really to ensures everything in the paper is correctly licensed. May need some legal support whilst drafting joint documents

• Next steps
  • Formal draft to SDO by 1st Oct - Action with TM Forum
  • Operating guide for the MSDO call on the 27th Sept 2021    
  • Need to have some dialogue about publication of the joint document taking note of the process used by Fixed Mobile convergence project between TM Forum and 3GPP
  • Need to take account of IEEE needs for publishing second White paper 
• IEEE are planning to reply to the Letter of Intent 

Action List

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